Reaction Paper No 4

Reaction Paper No 4
The coverage of discussion during the last meeting were primarily focused on from Article 14 of
the Revised Penal Code.
Article 14 is about Aggravating circumstances. These are circumstance which raise the penalty
for a crime without exceeding the maximum applicable to that crime.
There are four kinds of generic circumstances namely: a) Generic – generally applicable to all
crimes; b) Specific – apply only to specific crimes; c) Qualifying – those that change the nature
of the crime (evident premeditation – becomes murder) and d) Inherent – necessarily
accompanies the commission of the crime (evident premeditation in theft, estafa).
The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position. The commission of the
crime would not have been possible without the powers, resources and influence of the
office he holds.
2. That the crime be committed in contempt of or with insult to the public authorities. The
public authority is engaged in the exercise of his functions
3. That the act be committed with insult or in disregard of the respect due to the offended
party on account of his (a) rank, (b) age, (c) sex or that it be committed in the dwelling of
the offended party, if the latter has not given provocation.
4. That the act be committed with (1) abuse of confidence or (2) obvious ungratefulness
5. That the crime be committed in the palace of the Chief Executive, or in his presence, or
when public authorities are engaged in the discharge of their duties, or in a place
dedicated to religious worship.
6. That the crime be committed (1) in the nighttime, or (2) in an uninhabited place (3) by a
band, whenever such circumstances may facilitate the commission of the offense.
Whenever more than 3 armed malefactors shall have acted together in the commission
of an offense, it shall be deemed to have been committed by a band.
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,

epidemic or other calamity or misfortune. The Offender took advantage of the state of
confusion or chaotic condition from such misfortune
8. That the crime be committed with the aid of (1) armed men or (2) persons who insure or
afford impunity. The accused availed himself of their aid or relied upon them when the
crime was committed
9. That the accused is a recidivist. A Recidivist is one who at the time of his trial for one
crime, shall have been previously convicted by final judgment of another crime
embraced in the same title of the RPC.
10. That the offender has been previously punished for an offense to which the law attaches
an equal or greater penalty or for two or more crimes to which it attaches a lighter
penalty. In Reiteracion or Habituality, it is essential that the offender be previously
punished; that is, he has served sentence.
11. That the crime be committed in consideration of a price, reward or promise.
12. That the crime be committed by means of inundation, fire, poison, explosion, stranding a
vessel or intentional damage thereto, or derailment of a locomotive, or by use of any
other artifice involving great waste or ruin.
13. That the act be committed with evident premeditation. The essence of premeditation is
that the execution of the criminal act must be preceded by cool thought and reflection
upon the resolution to carry out the criminal intent during the space of time sufficient to
arrive at a calm judgment.
14. That (1) craft, (2) fraud, or (3) disguise be employed. It is employed as a scheme in the
execution of the crime.
15. That (1) advantage be taken of superior strength, or (2) means be employed to weaken
the defense
16. That the act be committed with treachery (alevosia). Treachery is when the offender
commits any of the crime against the person, employing means, methods or forms in the
execution thereof which tend directly and specially to insure its execution without risk to
himself arising from the defense which the offended party might make.
17. That the means be employed or circumstances brought about which add ignominy to the
natural effects of the acts. It is a circumstance pertaining to the moral order, which adds
disgrace and obloquy to the material injury caused by the crime
18. That the crime be committed after an unlawful entry
19. That as a means to the commission of the crime, a wall, roof, door or window be broken
20. That the crime be committed (1) with the aid of persons under 15 years of age, or (2) by
means of motor vehicles, airships or other similar means.
21. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commission. Cruelty is when the culprit enjoys
and delights in making his victim suffer slowly and gradually, causing him unnecessary
physical pain in the consummation of the criminal act. Cruelty cannot be presumed nor
merely inferred from the body of the deceased. Has to be proven.

Reaction Paper No 4

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Reaction Paper No 4

The following are aggravating circumstances:

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,

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